Donald Herrington v. Chadwick Dotson, Director, Virginia Department of Corrections
FifthAmendment HabeasCorpus JusticiabilityDoctri
Whether the Fourth Circuit erred in holding that a criminal defendant can waive counsel without being fully informed of the charges, potential defenses, and possible punishments, and whether the court correctly addressed the conflict between Fifth and Sixth Amendment rights
QUESTIONS PRESENTED 1. Whether the Fourth Circuit erred by holding, in conflict with other circuits and a plurality opinion of this Court, that a criminal defendant can validly waive his or her right to counsel without being informed (at least) of “the nature of the charges, the statutory offenses included within them, the range of allowable punishments thereunder, possible defenses to the charges and circumstances in mitigation thereof, and all other facts essential to a broad understanding of the whole matter.” Von Moltke v. Gillies, 332 U.S. 708, 721-24 (1948) (plurality op.). 2. Whether the Fourth Circuit erred, in conflict with decisions of other circuits, by holding that Petitioner was not entitled to relief on the basis of a conflict between his Fifth and Sixth Amendment rights.